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Thread: Colorado Capital Punishment News

  1. #111
    Senior Member CnCP Legend Neil's Avatar
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    Yeah they ruled against them in 2013. California was not all that liberal when Arnold Schwarzenegger had control over it. Now look at it. They have a governor who is by far the most liberal governor they’ve had he’s even worse than Jerry Brown and his father.

  2. #112
    Senior Member Frequent Poster Steven AB's Avatar
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    Quote Originally Posted by joe_con View Post
    California voted down same sex marriage, the courts ruled against the voters
    That’s not likely to happen with the death penalty. The California state supreme court actually upheld Proposition 66 in August 2017.

    To avoid repeating myself I will only, for those who have not read them or don’t remember them, provide links to my relevant prior posts about:

    - Why the death penalty's constitutionality is a sure thing:

    https://www.cncpunishment.com/forums...168#post124168

    Therefore, an initiated state statute to reinstate the death penalty is a potentially successful idea:

    - If you have the proper strategy to gather signatures and then win the vote:

    https://www.cncpunishment.com/forums...588#post125588

    https://www.cncpunishment.com/forums...643#post125643

    Reinstating the death penalty in statute books, especially by popular vote, is indeed a decisive way to preserve its constitutionality under the "standards of decency" criterion from Trop v. Dulles, and nationally to preserve its political legitimacy.
    Last edited by Steven AB; 02-28-2020 at 04:35 PM.

  3. #113
    Senior Member Frequent Poster schmutz's Avatar
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    States that rarely pursue and almost never get a death sentence strengthen the "arbitrary and capricious nature" argument, along with prosecutors like Kim Ogg who create a discrepancy within a state. Who would have thought 20 years ago that migrants from other states would turn Harris County anti.

  4. #114
    Senior Member Frequent Poster Steven AB's Avatar
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    schmutz, you are speaking as if you were Robert Dunham.

    You want us to believe that states repealing the death penalty are strengthening its constitutionality and making it something less rare, and that popular votes that are consistently supportive of the death penalty have no weight in ensuring that it is found consistent with society’s values that are the core of the classic Eighth Amendment jurisprudence.

    No person of good faith will believe this dodge, and certainly not the current Supreme Court.

    (Besides, the current court is beginning to abandon the "standards of decency" criterion to adopt instead the originalist standard that basically imposes no significant limit to the death penalty --- that’s a likely outcome at least if Trump and McConnell can choose the successor of Justice Ginsburg or Justice Breyer).

    Only three days ago the Justices issued a decision making the death penalty easier to apply:

    https://www.crimeandconsequences.blo...n-in-mckinney/

    It's basically the consensus in the legal community that the death penalty and other conservative policies currently have their most favorable Supreme Court in decades.

    Everything I said previously about how an initiated statute can win is still valid.

    https://www.cncpunishment.com/forums...588#post125588

    https://www.cncpunishment.com/forums...643#post125643
    Last edited by Steven AB; 03-15-2020 at 05:25 PM.

  5. #115
    Senior Member Frequent Poster schmutz's Avatar
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    Whereas more states with a death penalty strengthens the case for a death penalty in principle, more states that seek and impose it rarely and inconsistently, as might a state where those in governance are less than enthusiastic about it than the electorate, weaken the death penalty AS APPLIED and while not overturning the death penalty itself would invalidate schemes that do not ensure uniform imposition throughout the state. Some states will be willing to claw back local authority (as Florida did regarding a recalcitrant DA), others may find the resistance from local officials too strong.

  6. #116
    Senior Member CnCP Legend Neil's Avatar
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    I don’t want the death penalty gone in this country. Many liberals are already attacking LWOP especially when it comes to juveniles. I want it to thrive in all 50 states not just the few states it’s been concentrated in every since the end of 2010. As I previously stated, 2010 was the last good year for the death penalty in the United States. We had a lot states execute people that year. Death row was around 3100. We had 35 states that had it. Now look at it, the death penalty is dead. I keep holding out hope it’ll have a resurgence but I’m proven wrong every day. Republicans like the ones in Colorado are among some of the reasons why it’s dead and I don’t want to here about more important issues. In reality, conservatives should work just as hard to fight for executions as they do for issues like abortion. Yes fighting abortion stirs passion. However, there are just as many people out there who are pro choice and they have their own rallies. Immigration, abortion, etc. They all stir strong passion for both the right and the left.
    Last edited by Neil; 02-29-2020 at 01:53 AM.

  7. #117
    Senior Member Frequent Poster Steven AB's Avatar
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    (1) The Supreme Court has never required "uniform imposition throughout the state" and that’s not the current Supreme Court that will ever require that.

    They would simply reply that’s just legitimate local government. As Justice Thomas said, it is indeed why the Constitution provides the Vicinage Clause.

    The Supreme Court has also never required that the death penalty enforcement be not rare within a state, especially in little states like Colorado, and again that’s not going to happen with the current Justices.

    What the Supreme Court precedents make relevant is the death penalty social acceptance, and nothing is better for that than ballot measures where the people always vote for it.

    By repealing the death penalty, the Colorado legislature and governor are going to make one more possible.

    https://www.cncpunishment.com/forums...588#post125588

    https://www.cncpunishment.com/forums...643#post125643

    (2) Neil123, what you didn’t understand is that the death penalty is the archetype of a silent majority topic.

    Widespread "passion" for the death penalty has never been needed.

    You are not the first to be categorical about its future:

    http://content.time.com/time/magazin...899574,00.html (1967: "By inches, the death penalty is dying in the U.S.")

    https://news.google.com/newspapers?i...&pg=3786,38609 (1972: "New laws unlikely on death penalty")

    Not to mention almost everyone who believed before November 2016 that Donald Trump will never win the presidential election.

    In July 2016 Justice Ginsburg, discussing the future of the Supreme Court, including how the next president will shape the bench, said publicly:

    "It’s likely that the next president, whoever she will be, will have a few appointments to make"

    https://www.thecut.com/2016/07/ruth-...ident-she.html
    Last edited by Steven AB; 03-15-2020 at 05:30 PM.

  8. #118
    Senior Member CnCP Legend Mike's Avatar
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    Governor Polis has officially commuted the sentences of all Death Row Inmates. The Death Penalty in Colorado is dead.

    https://drive.google.com/drive/folde...__btHIn5rHSQil
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  9. #119
    Senior Member Frequent Poster Steven AB's Avatar
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    Colorado Legislature's decision to prohibit a referendum on the grounds that this bill is an urgent law indicates that a ballot measure is actually a prospect worrying them. But they can ban only a referendum, not an initiative.

    https://www.crimeandconsequences.blo...death-penalty/

    https://www.cncpunishment.com/forums...588#post125588

    https://www.cncpunishment.com/forums...643#post125643

    I further add that death penalty supporters should launch an initiated statute without constitutional amendment, because an amendment is not indispensable and there is for it a "distribution requirement" that does not apply to initiated statutes. It would also require a 55% super-majority instead of 50%+.

    https://ballotpedia.org/Laws_governi...n_requirements

    Drafters should also be attentive to Colorado’s apparently strict single-subject rule.

    https://ballotpedia.org/Laws_governi...e-subject_rule
    Last edited by Steven AB; 03-28-2020 at 01:08 PM.

  10. #120
    Senior Member Member Big Jon's Avatar
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    Don't fret...the coronavirus can find its way into the prison population nationwide and take care of some death row inmates.

    I was like 12 years old when Dunlap shot up that pizza place and I'm going to be 41 at the end of June. He should have been executed and even with his mental health issues, he knew he would end up like this once he carried out his revenge.

    As for the other two, those two should have not gotten any consideration of clemency from Governor Polis because they killed people who was to testify against them in a separate murder trail.

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